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Statutory Instruments
children and young persons, england
Made
20th June 2007
Laid before Parliament
27th June 2007
Coming into force
1st September 2008
In accordance with section 45(2) of the Childcare Act 2006 M1 (“the Act”) the Secretary of State for Education and Skills has given notice of his proposal to make this Order.
And in accordance with section 45(3) of the Act the Secretary of State has considered the evidence and representations submitted to him in pursuance of section 45(2), and has published a draft of this Order and any associated documents and a summary of the views expressed to him.
Accordingly the Secretary of State, in exercise of the powers conferred by sections 39(1)(a), 42(1) to (5) and 44(1) to (4) of the Act, makes the following Order:
1. This Order may be cited as the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 and comes into force on 1st September 2008.
2. In this Order—
“the Act” means the Childcare Act 2006;
[F1“the Document” means the document entitled “Statutory Framework for the Early Years Foundation Stage” dated 31st March 2021 and published by the Secretary of State on the gov.uk website;]
[F2“reception baseline assessment” has the meaning given in Annex B to the Document;]
[F3“the relevant provisions of the Document” means the provisions in Sections 1 and 2 of the Document that use the word “should”.]
Textual Amendments
F1Words in art. 2 substituted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(2)(a)
F2Words in art. 2 inserted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(2)(b)
F3Words in art. 2 inserted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(2)(b)
3. [F4Subject to [F5articles 3A to 3C],]
(1) It is directed that the provisions in [F6Sections 1 and 2] of [F7, and Annex B to,] the Document [F8that, by virtue of their use of the word “must”, express requirements,] have effect for the purposes of specifying the learning and development requirements M2 under section 39(1)(a) of the Act.
(2) Early years providers M3 to whom section 40 of the Act (duty to implement Early Years Foundation Stage) applies must have regard to the [F9matters in] [F10Sections 1 and 2 of, and Annex B to, the Document that use the word “should”] in securing that the early years provision they provide meets the learning and development requirements.
Textual Amendments
F4Words at the beginning of art. 3 inserted (24.4.2020) by virtue of The Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/444), regs. 1, 4 (which amendment falls (4.1.2024) by virtue of the revocation of the affecting provision by S.I. 2023/1338, regs. 1(2), 5(a))
F5Words in art. 3 substituted (26.3.2021) by The Early Years Foundation Stage (Learning and Development Requirements) (Coronavirus) (Amendment) Order 2021 (S.I. 2021/234), arts. 1, 2(2) (which amendment falls (4.1.2024) (4.1.2024) by virtue of the revocation of the affecting provision by S.I. 2023/1338, regs. 1(2), 5(c))
F6Words in art. 3(1) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 4
F7Words in art. 3(1) inserted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(3)(a)
F8Words in art. 3(1) inserted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(3)(a)
F9Words in art. 3(2) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 5
F10Words in art. 3(2) substituted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(3)(b)
Marginal Citations
M2The learning and development requirements cover six areas of learning; the Statutory Framework for the Early Years Foundation Stage (“the Document”) specifies early learning goals and educational programmes in relation to each area and includes arrangements required for assessing children's achievements in relation to the early learning goals (see section 41(1) to (3) of the Childcare Act 2006 (“the Act”)).
M3For the definition of “early years provider” see section 96(3) of the Act.
3A.—(1) During the relevant period, the learning and development requirements prescribed in Section 1 of the Document are to be treated as discharged if a provider uses its reasonable endeavours to discharge the requirement during the relevant period.
(2) The relevant period starts when this regulation comes into force and ends on 25th September 2020.
(3) The learning and development requirements prescribed in Section 2 of the Document and specified in the first column of the table in paragraph (4) do not apply to the extent specified in the second column of that table.
Learning and Development Requirement | Extent specified |
---|---|
Paragraphs 2.3 to 2.5 (progress check at age 2) | in relation to the carrying out of any progress check before 25th September 2020. |
Paragraphs 2.6 to 2.11 (assessment at the end of the EYFS – the EYFSP) | in relation to an assessment which would, but for this provision, have been undertaken in the academic year commencing with 1st August 2019 and ending with 31st July 2020.] |
Textual Amendments
F11Art. 3A inserted (24.4.2020) by The Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/444), regs. 1, 5 (which amendment falls (4.1.2024) by virtue of the revocation of the affecting provision by S.I. 2023/1338, regs. 1(2), 5(a))
3B. At any time when paragraph (2) applies in relation to a provider—
(a)the learning and development requirements prescribed in Section 1 of the Document are to be treated as discharged if the provider uses its reasonable endeavours to discharge those requirements; and
(b)the learning and development requirements prescribed in Section 2 of the Document at paragraphs 2.3 to 2.5 (progress check at age 2) do not apply.
(2) This paragraph applies when it is not reasonably practicable for a provider to comply with the learning and development requirements referred to in paragraph (1), as a result of—
(a)restrictions or requirements imposed by regulations made under the Public Health (Control of Disease) Act 1984 for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
(b)prohibitions, requirements or restrictions imposed by a direction made under any regulations referred to in sub-paragraph (a); or
(c)a direction made under schedule 16 or 17 to the Coronavirus Act 2020.
(3) Paragraph (4) applies during the 14 day period beginning with the first day after the date on which all regulations or directions falling under paragraph (2) cease to apply to a provider.
(4) Where this paragraph applies, the learning and development requirements referred to in paragraph (1) are to be treated as discharged provided that—
(a)in the period immediately preceding any such 14 day period paragraph (1)(a) applied; and
(b)the provider continues during the 14 day period to use reasonable endeavours to discharge those requirements.]
Textual Amendments
F12Art. 3B inserted (temp. until 31.8.2021) (26.9.2020) by The Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/939), regs. 1, 4(3) (with reg. 3(2)) (which amendment falls (4.1.2024) by virtue of the revocation of the affecting provision by S.I. 2023/1338, regs. 1(2), 5(b))
[F133C.—(1) In the academic year commencing with 1st August 2020 and ending with 31st July 2021, the learning and development requirements prescribed in Section 2 of the Document are amended as follows.E+W
(2) —
(a)Paragraphs 2.6 to 2.10 (Assessment at the end of the EYFS – the Early Years Foundation Stage Profile (EYFSP)) are to be treated as discharged if the provider uses its best endeavours to discharge those requirements; and
(b)Paragraph 2.11 (Information to be provided to the local authority) does not apply.]
Textual Amendments
F13Art. 3C inserted (26.3.2021) by The Early Years Foundation Stage (Learning and Development Requirements) (Coronavirus) (Amendment) Order 2021 (S.I. 2021/234), arts. 1, 2(3) (which amendment falls (4.1.2024) (4.1.2024) by virtue of the revocation of the affecting provision by S.I. 2023/1338, regs. 1(2), 5(c))
3D.—(1) The Secretary of State may make delegated supplementary provisions in relation to—
(a)the monitoring of assessment arrangements for reception baseline assessments;
(b)the assessment, recording and reporting of reception baseline assessments;
(c)the time when, and the manner in which, reception baseline assessments are to be administered;
(d)the investigation of the accuracy and correctness of the results of reception baseline assessments;
(e)the annulment or amendment of the results of reception baseline assessments.
(2) Before making, amending or revoking any delegated supplementary provisions the Secretary of State—
(a)must consult the Office of Qualifications and Examinations Regulation; and
(b)may consult such other persons as the Secretary of State considers appropriate.
(3) The Secretary of State must publish any delegated supplementary provisions.
(4) For the purposes of the exercise of the Secretary of State’s functions under this article, and under delegated supplementary provisions made under paragraph (1), an early years provider must permit any person authorised by the Secretary of State—
(a)to enter the premises on which the early years provision is provided and, if different, the premises on which the reception baseline assessment is or was carried out;
(b)to observe the implementation of the assessment arrangements in relation to a reception baseline assessment; and
(c)to inspect, and take copies of, documents and other articles relating to reception baseline assessments.]
Textual Amendments
F14Art. 3D inserted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(4)
4.—(1) An English local authority must make provision to ensure the accuracy and consistency of the assessments made by early years providers in their area.
(2) An English local authority must have regard to any guidance given by the [F15Secretary of State] in exercising their function under paragraph (1).
(3) An early years provider must permit any person authorised by an English local authority for the purposes of exercising their function under paragraph (1)—
(a)to enter the premises on which the early years provision is provided; [F16and]
(b)to observe the implementation of the assessment arrangements; F17...
F18(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Words in art. 4 substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 6
F16Word in art. 4(3)(a) inserted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(5)(a)
F17Word in art. 4(3)(b) omitted (1.9.2021) by virtue of The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(5)(b)
5. The Chief Inspector M4 [F21and early years childminder agencies] must have regard to the [F22learning and development requirements and matters in the relevant provisions] of the Document in exercising F23... functions under Part 3 of the Act.
Textual Amendments
F20Words in art. 5 heading inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 4(c)
F21Words in art. 5 inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 4(a)
F22Words in art. 5 substituted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(4)
F23Word in art. 5 omitted (1.9.2014) by virtue of The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 4(b)
Marginal Citations
M4For the definition of “the Chief Inspector” see section 98(1) of the Act, as amended by paragraph 117 of Schedule 14 to the Education and Inspections Act 2006 (c. 40).
6.—[F24(1)] Any allegation that an early years provider has—
(a)failed to meet the learning and development requirements prescribed in [F25Sections 1 and 2] of the Document; or
(b)failed to have regard to the [F26matters in [F27the relevant provisions]] of the Document
may be taken into account by the Chief Inspector in the exercise of F28... functions under Part 3 of the Act.
[F29(2) Any allegation that an early years childminder agency has failed to meet the requirement in Article 5 may be taken into account by the Chief Inspector in the exercise of functions under Part 3 of the Act.]
Textual Amendments
F24Art. 6(1): art. 6 renumbered as art. 6(1) (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 5(1)
F25Words in art. 6(a) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 4
F26Words in art. 6(b) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 5
F27Words in art. 6(1)(b) substituted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(5)
F28Word in art. 6(1) omitted (1.9.2014) by virtue of The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 5(2)
F29Art. 6(2) inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 5(3)
6A. Any allegation that an early years provider has—
(a)failed to meet the learning and development requirements prescribed in Sections 1 and 2 of the Document; or
(b)failed to have regard to the matters in [F31the relevant provisions] of the Document,
may be taken into account by an early years childminder agency in the exercise of functions under Part 3 of the Act.]
Textual Amendments
F30Art. 6A inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 6
F31Words in art. 6A(b) substituted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(6)
6B.—(1) In relation to a period during which a temporary closure direction has effect in relation to an early years provider, an early years childminder agency must, in exercising functions under Part 3 of the Act, take account of the direction in dealing with any allegation under article 6A(a) or (b).
(2) In paragraph (1) “temporary closure direction” means a direction issued under section 37(1) and paragraph 3(2)(b) of Schedule 16 to the Coronavirus Act 2020.]
Textual Amendments
F32Art. 6B inserted (24.4.2020) by The Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/444), regs. 1, 6 (which amendment falls (4.1.2024) by virtue of the revocation of the affecting provision by S.I. 2023/1338, regs. 1(2), 5(a))
6C.—(1) If a matter is brought to the Secretary of State’s attention which, in the Secretary of State’s opinion, relates to the accuracy or correctness of a reception baseline assessment, the Secretary of State must investigate the matter in accordance with any delegated supplementary provisions made under article 3D(1).
(2) Following an investigation under paragraph (1), the Secretary of State—
(a)must notify the early years provider concerned of the outcome of the investigation and describe any action taken, or further action to be taken, by the provider or the Secretary of State;
(b)must provide reasons to the provider concerned for the action taken or to be taken;
(c)may amend or annul the result of a reception baseline assessment, or any part of a reception baseline assessment, in respect of an individual child or a group of children;
(d)may continue to monitor the carrying out of reception baseline assessments by the provider.]
Textual Amendments
F33Art. 6C inserted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(6)
7.—[F34(1)] Any allegation that an early years provider has—
(a)failed to meet the learning and development requirements prescribed in [F35Sections 1 and 2] of the Document; or
(b)failed to have regard to the [F36matters in [F37the relevant provisions]] of the Document
may be taken into account in any proceedings under Part 3 of the Act.
[F38(2) Any allegation that an early years childminder agency has failed to meet the requirement in Article 5 may be taken into account in any proceedings under Part 3 of the Act.]
Textual Amendments
F34Art. 7(1): art. 7 renumbered as art. 7(1) (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 7(1)
F35Words in art. 7(a) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 4
F36Words in art. 7(b) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 5
F37Words in art. 7(1)(b) substituted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(7)
F38Art. 7(2) inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 7(2)
8.—(1) The Secretary of State must from time to time—
(a)carry out a review of the regulatory provision in this Order,
(b)publish a report setting out the conclusions of the review.
(2) The first report must be published before 3rd April 2022.
(3) Subsequent reports must be published at intervals not exceeding 5 years.
(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this article must, in particular–
(a)set out the objectives intended to be achieved by the regulatory provision referred to in paragraph 1(a),
(b)assess the extent to which those objectives are achieved,
(c)assess whether those objectives remain appropriate, and
(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
(5) In this article, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business Enterprise and Employment Act 2015 (see section 32 of that Act).]
Textual Amendments
F39Art. 8 inserted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(8)
Beverley Hughes
Minister of State
Department for Education and Skills
(This note is not part of the Order)
This Order made under the Childcare Act 2006 (“the Act”) specifies the learning and development requirements in relation to each of the areas of learning and development that early years providers must secure in providing early years provision.
Article 3 specifies the learning and development requirements and gives legal effect to the Statutory Framework for the Early Years Foundation Stage, published by the Secretary of State for Education and Skills. Early years providers are required to have regard to the guidance in the Statutory Framework for the Early Years Foundation Stage in securing that the early years provision they provide meets the learning and development requirements.
Article 4 sets out further provisions about assessment arrangements. Local authorities are required to make provision to ensure the accuracy and consistency of assessments made by early years providers.
Article 5 requires the Chief Inspector to have regard to the requirements and guidance in Section 2 of the Statutory Framework for the Early Years Foundation Stage in exercising functions under Part 3 of the Act.
Article 6 enables the Chief Inspector of Education, Children's Services and Skills (“the Chief Inspector”), in exercising her functions under Part 3 of the Act, to take into account allegations that an early years provider has failed to meet the learning and development requirements, or failed to have regard to guidance in Section 2 of the Statutory Framework for the Early Years Foundation Stage. Article 7 allows any such allegation to be taken account in any proceedings under Part 3 of the Act.
The learning and development requirements, together with welfare requirements specified under section 39(1)(b) of the Act, make up the Early Years Foundation Stage. The learning and development requirements will replace the curriculum guidance for the foundation stage which was given legal effect by the Education (National Curriculum) (Foundation Stage Early Learning Goals) (England) Order 2003 S.I. 2003/391.
Copies of the Statutory Framework for the Early Years Foundation Stage (ISBN 978-1-84478-921-4) referred to in Article 3, can be obtained from DfES publications, PO Box 5050, Sherwood Park, Annesley, Nottingham NG15 0DJ (Tel 0845 6022260), email dfes@prolog.uk.com. Ref 00012-2007PCK-EN.
A regulatory impact assessment has been prepared for this Order. It is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website http://www.opsi.gov.uk.
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